Federal Cannabis Act Came Into Force Federal Cannabis Act Came Into Force

Regulatory Law
October 17, 2018October 17, 20182018-10-18
The Federal Cannabis Act came into force on June 21, 2018 and came into force on October 17, 2018. The Cannabis Act permits the sale, possession and use of recreational cannabis, but only when sold by a Province, or, in some cases, when grown by the user. The federal regulations made under the Act (the Cannabis Regulations) came into force on the same day as the Act. Each province has made laws and regulations to implement the provincial areas of this substantial change.  There are considerable variations in availability from province to province.
Deeth Williams Wall https://www.dww.com/articles/federal-cannabis-act-came-into-force

CRTC Denies Application Proposing Website Blocking Regime CRTC Denies Application Proposing Website Blocking Regime

Copyright
October 17, 2018October 17, 20182018-10-17
On October 2, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) in decision CRTC 2018-384 denied an application by Bell Canada, Rogers Communications Canada Inc, the Canadian Broadcasting Corporation Limited and a number of other persons (collectively, FairPlay) proposing a new website blocking regime. FairPlay filed its application with the CRTC requesting that the CRTC implement certain measures under the Telecommunicaitons Act to:
Deeth Williams Wall https://www.dww.com/articles/crtc-denies-application-proposing-website-blocking-regime

United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms

Copyright
October 17, 2018October 17, 20182018-10-17
On September 30, 2018, Canada signed the United States-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA imposes a number of obligations on parties relating to intellectual property. Among these, the USMCA requires parties to provide copyright protection for at least the life of the author plus 70 years.  Currently, Canadian law only provides copyright protection for the life of the author plus 50 years.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-usmca-extends-copyright-and-patent-terms

US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive

Trademark
October 17, 2018October 17, 20182018-10-17
On October 4, 2018, the US Court of Appeals for the Federal Circuit (the Court) unsealed its decision in Real Foods Pty Ltd v Frito-Lay North America, Inc, No. 17-1959 (Fed Cir 2018), in which it affirmed on the issue of descriptiveness, and remanded on the issue of genericness.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-affirms-marks-%E2%80%9Ccorn-thins%E2%80%9D-and-%E2%80%9Crice-thins%E2%80%9D-are-merely-descriptive

UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach

Privacy
October 17, 2018October 17, 20182018-10-17
On October 8, 2018, the UK High Court of Justice (the Court) in Lloyd v Google LLC [2018] EWHC 2599 (QB) dismissed a representative action against Google seeking compensation under section 13 of the Data Protection Act 1998 (DPA) for allegations that Google unlawfully collected personal data of iPhone users.
Deeth Williams Wall https://www.dww.com/articles/uk-high-court-dismisses-a-compensation-claim-against-google-for-alleged-data-breach

Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack

Information Technology
October 17, 2018October 17, 20182018-10-17
RECIPE Unlimited Corp, the Canadian largest full-service restaurant company that owns brands including Swiss Chalet, Harvey’s and East Side Mario’s, suffered a ransomware attack that left many of its locations temporarily closed or with limited operations.
Deeth Williams Wall https://www.dww.com/articles/canadian-largest-foodservice-restaurant-company-falls-victim-to-cyberattack

Change in Priority Claim Leads to Invalid Patents Change in Priority Claim Leads to Invalid Patents

Patent
October 17, 2018October 17, 20182018-10-17
On October 1, 2018, the United States Court of Appeals for the Federal Circuit (Court), in Natural Alternatives International Inc v Andrei Iancu, affirmed a decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (PTAB) upholding the rejection of US Patent No. 8,067,381 (‘381 Patent)’s challenged claims. 
Deeth Williams Wall https://www.dww.com/articles/change-priority-claim-leads-to-invalid-patents

U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada

Intellectual Property
October 4, 2018October 4, 20182018-10-04
On September 30, 2018, Canada reached a new trade agreement with the U.S. (the U.S.-Mexico-Canada Agreement or USMCA). Under Chapter 20 of USMCA, Canada agreed to extend its data protection for biologics to 10 years.
Deeth Williams Wall https://www.dww.com/articles/usmexicocanada-trade-agreement-us-will-extend-data-exclusivity-for-biologics-canada

OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards

Privacy
October 4, 2018October 4, 20182018-10-04
Starting November 1, 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner. The Office of the Privacy Commissioner (OPC) has prepared draft guidance in order to help businesses comply with these new mandatory breach reporting requirements. 
Deeth Williams Wall https://www.dww.com/articles/opc-releases-draft-guidance-relating-to-pipeda%E2%80%99s-breach-notification-safeguards

Canadian Analytics Firm Served with GDPR Enforcement Notice Canadian Analytics Firm Served with GDPR Enforcement Notice

Privacy
October 4, 2018October 4, 20182018-10-04
The UK Information Commissioner’s Office (“the Commissioner”) recently served a formal Enforcement Notice (“the Notice”) under the European Union’s (“EU”) General Data Protection Regulation EU2016/679 (“GDPR”) against Canadian data analytics firm, AggregateIQ Data Services (AIQ). The GDPR came into force on May 25, 2018, and failure to adequately protect individual’s personal data in compliance with the GDPR can result in fines of up to €20 million or 4% of annual global turnover, whichever is higher.
Deeth Williams Wall https://www.dww.com/articles/canadian-analytics-firm-served-gdpr-enforcement-notice

IBM Requests Double Damages in Patent Infringement Case Against Groupon IBM Requests Double Damages in Patent Infringement Case Against Groupon

Patent Litigation
October 4, 2018October 4, 20182018-10-04
In a post-trial motion made public September 26, 2018, International Business Machines Corp. (IBM) requested that the US District Court for the District of Delaware double the $82.5M USD patent damages owed by Groupon Inc. (Groupon) to a total of $165M USD.
Deeth Williams Wall https://www.dww.com/articles/ibm-requests-double-damages-patent-infringement-case-against-groupon

French Court Strikes Down Copyright Licensing Provisions French Court Strikes Down Copyright Licensing Provisions

Copyright
October 4, 2018October 4, 20182018-10-04
On August 7, 2018 , the Tribunal de grande instance de Paris (TGI) released a decision, Décision du 07 août 2018, 1/4 social N° RG 14/07300, declaring ‘null and void’ numerous terms found in Twitter Inc’s (Twitter) user agreement.  Twitter, as part of its terms and conditions of service (T&C), includes several licensing provisions relating to the copyright of user-generated content.
Deeth Williams Wall https://www.dww.com/articles/french-court-strikes-down-copyright-licensing-provisions

“Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy “Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy

Trademark
October 4, 2018October 4, 20182018-10-04
In the world of sports today, players are becoming more astute in managing their personal brands, and taking steps to secure protection of names, logos and nicknames with an eye of developing their own personal merchandise.  Athletes taking steps to secure intellectual property rarely make national news, but a recent US trademark application for “Fitzmagic” (Serial # 88113690) has caused quite a stir.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Cfitzmagic%E2%80%9D-us-trademark-application-by-%E2%80%9Cwrong%E2%80%9D-nfl-player-sparks-controversy

Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers

Copyright
September 19, 2018September 19, 20182018-09-19
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, 2018 SCC 38, concluding that internet service providers (ISPs) are entitled to recover their reasonable costs for identifying copyright infringers in response to a Norwich order from a copyright owner.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-rules-isps-can-recover-reasonable-costs-for-identifying-copyright

Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright

Copyright
September 19, 2018September 19, 20182018-09-19
In Piscines Nautika Inc c Fibre Design Inc, 2018 QCCS 3875, the Superior Court of Quebec (the Court) rejected an application by Nautika Pools Inc. for an injunction to prohibit the defendants from making and selling what it alleges are reproductions of fiberglass pools in respect of which it claims copyright. The plaintiff also alleged that the defendants, Fibre Design Inc et al, used confidential information for their benefit, resulting in unfair competition, in violation of the Civil Code of Quebec.
Deeth Williams Wall https://www.dww.com/articles/quebec-court-rules-fiberglass-pools-are-not-original-works-under-copyright

Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canada Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canad...

Trademark
September 19, 2018September 19, 20182018-09-19
On September 7, 2018, the Federal Court set aside the decision of the Registrar of Trademarks, who directed that Hilton’s trademark registration for WALDORF-ASTORIA should be expunged from the register (Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895).
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-%E2%80%9Cbricks-and-mortar%E2%80%9D

Ninth Circuit Considers Copyright in Data Compilations Ninth Circuit Considers Copyright in Data Compilations

Copyright
September 19, 2018September 19, 20182018-09-19
On June 27, 2018, in Experian Info Sols v Nationwide Mktg Servs, the United States Court of Appeals for the Ninth Circuit (the Court) affirmed (in part) a decision from the United States District Court for the District of Arizona (District Court) granting summary judgment on Experian Information Solutions Inc (Experian)’s claim for copyright infringement. 
Deeth Williams Wall https://www.dww.com/articles/ninth-circuit-considers-copyright-data-compilations

TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case

Copyright
September 19, 2018September 19, 20182018-09-19
On September 11, 2018, the Alliance for Creativity and Entertainment (ACE) representing several major studios, namely Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon and Netflix, filed a proposed judgment and a proposed permanent injunction against TickBox TV LLC, a Georgia-based manufacturer of a Kodi-powered TV streaming device, where TickBox has agreed to cease all piracy ac
Deeth Williams Wall https://www.dww.com/articles/tickbox-agrees-to-a-25-million-judgement-to-settle-a-copyright-infringement-case

EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruition EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruiti...

Copyright
September 19, 2018September 19, 20182018-09-19
On September 12, 2018, European Union lawmakers passed a copyright reform directive that aims to update copyright policy for the digital age.  The vote has been met with some controversy, as two provisions, in particular, articles 11 and 13, provide the opportunity for music companies, film-makers and media publishers to make billions in revenue at the expense of forcing tech companies such as Facebook, Google and YouTube to share a slice of their profits.
Deeth Williams Wall https://www.dww.com/articles/eu-copyright-reform-favouring-creative-industries-at-expense-of-tech-giants-one-step

Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch” Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch”

Trademark
September 5, 2018September 5, 20182018-09-05
In Swatch AG (Swatch SA) (Swatch Ltd.) v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-rejects-confusion-between-%E2%80%9Ciswatch%E2%80%9D-and-%E2%80%9Ci-watch%E2%80%9D

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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